New York Child Visitation Modification Frequently Asked Questions

If both parents agree to a change in visitation, a New York court will usually approve it unless there is some reason it would not be in the best interests of the child. However, if the other parent disagrees with the requested child visitation modification, then the petitioner must show a substantial change in circumstances that warrant the change. Circumstances a judge might think warrant a change in child custody include

• Change in parent’s work schedule: For example, if a parent gets a new job that required them to be out of town for days at a time, it makes sense to change the visitation schedule.
• Relocation. If the custodial parent moves out of the area with the child, almost certainly the structure of the visitation schedule will change due to the distance.
• Child at risk. If a parent puts a child at risk in any way at all, such as by physically or mentally abusing the child, drinking too much or taking drugs, the court will modify visitation.
• Remarriage. If either spouse remarries, their schedule, time and obligations may change enough to justify a modification in child visitation